Your Deposition
Your
deposition is our chance to tell your story to the opposing attorneys.
We will meet in my office at least one hour beforehand, then walk over
to the opposing attorney's office where you will be sworn in. The opposing
attorney will ask you questions and a court reporter will be present to
take notes.
You should look forward to your deposition. It is your one chance to tell
the other side exactly how your accident happened and to let them know
how it has affected your life. There is absolutely no reason to be nervous!
First
impressions count
Your
deposition is also important because it is the other side's first chance
to meet you. By this time. the opposing attorney will have read a lot
about you. Normally, he will have copies of your medical records, bills,
tax returns, employment records, interrogatories and other records. Most
likely, we will have already been in court several times about your case.
T Naturally, they are going to wonder what you are like in person. It
is important that you make a positive impression. Dress conservatively,
don't wear flashy clothing or jewelry, and come in alert and well-rested.
Be sure
to sit up straight, look the opposing attorney in the eye and answer
the questions he asks politely and respectfully. It may seem that
the other attorney is asking a lot of personal questions. No matter what
he asks, you must never get angry, impatient or upset. Wait until you
have heard each question before you answer. If you don't understand a
question, you should ask the attorney to repeat the question or to
say it another way. If you want to change your answer to a question, simply
say "I want to change something I said before." If you want
to take a break for any reason, simply say so.
Remember, our job is to make sure that you get the best possible financial
result; the opposing attorney's job is to see that his client (usually
the insurance company) pays out the lowest amount of money possible. Also,
keep in mind that, no matter what happens, the other attorney is just
doing his job. After the deposition, the other attorney will write a letter
all about you and how you came across. Our goal is to have him write that
you are a nice, polite person who is sincere, has nothing to hide and
is serious about your case.
Do
not guess
Your
deposition is vital to winning your case because there will be an official
record. A court reporter will be there writing down every word that
you say. All of your answers must be said out loud and in words--not in
nods or gestures. Because everything is written down, it will be hard
to change your answers later on, even if you want to. Therefore, it
is absolutely essential that you do not guess!
Remember, the other attorney probably has much of the information that
he is asking you about. If you don't know the answer to a question, just
say "I don't know" or "I don't recall right now."
If you guess incorrectly, it will only hurt your case later on. No one
expects you to remember all of the details of your accident as if it were
yesterday. No matter how friendly-or impatient-the other attorney seems,
take your time and listen carefully to each question before answering.
There is nothing wrong with asking to have a question explained or
repeated.
Your
one and only chance
You
will give one and only one deposition in your case, so you must answer each
question as carefully as you can. We will be with you throughout the
deposition, mostly taking notes. However, if any question is improper from
a legal standpoint, we will object and then tell you whether or not to answer.
If we object, please do not answer until we tell you whether you should.
Normally, we will not make many objections because we want the opposing
attorney to hear what you have to say without interruption. Our chance to
ask the questions comes when we depose the defendant's witnesses.
Your deposition will normally be divided into two parts. In the first
part, the opposing attorney will ask you about the facts of the accident.
Please answer these questions as briefly as you can. Your answers in
this part of the deposition usually cannot help your case.
The second part of the deposition is usually about what happened to you.
Please take your time here and be sure to give full and complete answers
to every question. You should include detailed explanations about
pain, lost time, things you are unable to do (no matter how minor they
seem) and any other problems you are facing.
This
part of the deposition is your one and only chance to tell the other side
what happened to you and how it has affected your life. Any settlement
offer the other side makes will reflect how well you describe what has
happened to you. We will discuss your testimony carefully before we go
over to the deposition. However, you should feel free to make notes
about these areas before we meet. In fact, many clients find it helpful
to keep a detailed diary of their situation following the accident.
Be aware that deposition dates are often changed. Please call us the
day before to make sure your deposition is still scheduled to proceed.
Also, let us know well in advance if you have special scheduling needs
of your own.
Michael R. Panter & Associates
30 N. LaSalle Street
Suite 1524
Chicago, IL 60602
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